Patna High CourtCR. MISC./32764/2020bail rejected

Md. Guddu @ Moidurahman @ Md. Moidur Rahman v. The State Of Bihar

2020-12-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32764 of 2020 Arising Out of PS. Case No.-129 Year-2019 Thana- JALALGARH District- Purnia ====================================================== MD. GUDDU @ MOIDURAHMAN @ MD. MOIDUR RAHMAN ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-12-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 05.10.2019 in connection with Jalalgarh P.S. Case No. 129 of 2019 registered for the offences punishable under Sections 394 of the Indian Penal Code.

As per the prosecution case, on 24.09.2019 at about 09:00 P.M. while the informant was returning from Purnea to Araria, three persons came on motorcycle committed robbery of valuable items including his motorcycle and also fired upon the informant.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. The name of the petitioner has transpired during the course of investigation in the

Patna High Court CR. MISC. No.32764 of 2020(3) dt.07-12-2020 2/2 confessional statement of co-accused Md. Ashraf and he is in custody since 05.10.2019. Chargesheet has already been submitted in this case.

Learned APP for the State has vehemently opposed the bail application of the petitioner and submitted that on the disclosure made by this petitioner, the stolen motorcycle was recovered and in T.I.P. the informant has identified this petitioner as one who fired upon him.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to grant bail to this petitioner. It is, accordingly, rejected.

(Prabhat Kumar Singh, J) Saif/- U T